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No. 157.

WASHINGTON, September 28, 1904.

Before a general court-martial which convened at Manila, Philippine Islands, pursuant to Special Orders, No. 63, Department of Luzon, March 18, 1904, and of which Captain WILLIAM S. GRAVES, 20th Infantry, was president, and 1st Lieutenant HENRY M. BANKHEAD, 20th Infantry, judge advocate, was arraigned and tried

Fred H. Skow, alias Federico de la Cruz, alleged private, Company M, 20th Infantry. CHARGE I.-"Desertion, in violation of the 47th Article of War."

Specification-"In that Private Fred H. Skow, Company M,

20th U. S. Infantry, a soldier in the service of the United States, did desert the same at Manila, P. I., on or about the 13th day of July, 1900, in time of war and in the face of the enemy, and did remain absent in desertion until he was apprehended at or near Calamba, P. I., on or about July 30, 1900."

CHARGE II.-"Desertion, in violation of the 47th Article of War."

Specification—“In that Private Fred H. Skow, Company M, 20th U. S. Infantry, a soldier in the service of the United States, did desert the same at Binan, Laguna, P. I., on or about August 21, 1900, in time of war and in the face of the enemy, and did remain in desertion until he surrendered at or near Mansalay, Island of Mindoro, on or about May 21, 1902."

ADDITIONAL CHARGE I.-"Violation of the 42d Article of War."

Specification-"In that Private Fred H. Skow, Company M, 20th U. S. Infantry, alias Federico de la Cruz, a soldier in the service of the United States, did desert the same in the face of the enemy, and did join and accept a commission as captain in the forces of the enemy. This at or near Binan, Laguna, P. I., on or about the 21st of August, 1900."

ADDITIONAL CHARGE II.-"Violation of the 62d Article of War."

Specification 1st-"In that Private Fred H. Skow, Company M, 20th U. S. Infantry, alias Federico de la Cruz, being confined in the guardhouse at Binan, Laguna, P. I., did break arrest and effect his escape. This at Binan, Laguna, P. I., on or about the 21st of August, 1900."

Specification 2d-"In that Private Fred H. Skow, Company M, 20th U. S. Infantry, alias Federico de la Cruz, being confined in the guardhouse at the Cuartel de Espana, Manila, P. I., did break arrest and effect his escape. This at the Cuartel de Espana, Manila, P. I., on the 10th of March, 1903." Specification 3d-"In that Private Fred H. Skow, Company M, 20th U. S. Infantry, alias Federico de la Cruz, a soldier in desertion from the Army of the United States, did enter the service of the enemy on or about the 21st of August, 1900, in the mountains of Laguna, P. I., and did continue to serve with the forces of the enemy in divers places in the provinces of Laguna, Batangas, and on the Island of Mindoro, P. I., until he surrendered at or near Mansalay, Mindoro, P. I., on or about May 21, 1902."

To which charges and specifications the accused submitted to the court a plea in bar of trial, as follows:

"I deny the legal right of the court to try me on these grounds: 1st-That the Government has no control over me under military jurisdiction; 2d-I have been given a discharge, pardon, or a dismissal from the service of the United States, as it may be called, on the 13th day of July, 1902, at which time the control of the Government under military jurisdiction ceased."

This plea was not accepted by the court, and the accused thereupon pleaded as follows:

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And the court does therefore sentence him, Private Fred H. Skow, Company M, 20th Infantry, "To be hung by the neck until he is dead, at such time and place as the reviewing authority may direct, two-thirds of the members concurring therein."

The record of the proceedings of the general court-martial in the foregoing case of Fred H. Skow, alias Federico de la Cruz, alleged private, Company M, 20th Infantry, having been submitted to the President, the following are his orders thereon:

WHITE HOUSE, September 26th, 1904.

In the foregoing case of Fred H. Skow, alias Federico de la Cruz, it ap pears from the plea in bar offered by the accused, that he had become separated from the military service prior to his arraignment.

The plea appears to be well established. and as the court-martial was therefore without jurisdiction to try the case, the proceedings, findings, and sentence are disapproved.

T. ROOSEVELT Accordingly the prisoner, Fred H. Skow, alias Federico de la Cruz, will be released from custody.

BY ORDER OF THE SECRETARY OF WAR:

OFFICIAL:

ADNA R. CHAFFEE, Lieutenant General, Chief of Staff.

F. C. AINSWORTH,

The Military Secretary.

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